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WILLIAMS v. CUMMINGS

No. 22078.

445 S.E.2d 757 (1994)

191 W.Va. 370

Renata WILLIAMS and James Williams, Plaintiffs Below, Respondents, v. Melville Homer CUMMINGS, Jr., M.D., Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Lonnie C. Simmons, DiTrapano & Jackson, Charleston, for respondents.

William J. Cooper, Jacobson, Maynard, Tuschman & Kalur, Charleston, for petitioner.

BROTHERTON, Chief Justice:

On July 12, 1993, the plaintiffs, who are residents of the State of Ohio, filed a medical malpractice action in Putnam County, West Virginia, against the defendant, Melville Homer Cummings, Jr., M.D., a specialist in the field of general surgery, who resides in Cabell County, West Virginia.

In their complaint, the plaintiffs stated that, under West Virginia Code § 56-1-1(a)(7), venue was proper in Putnam County because the defendant...

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